[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5200 Reported in House (RH)]
Union Calendar No. 470
107th CONGRESS
2d Session
H. R. 5200
[Report No. 107-750]
To establish wilderness areas, promote conservation, improve public
land, and provide for high quality development in Clark County, Nevada,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 24, 2002
Mr. Gibbons introduced the following bill; which was referred to the
Committee on Resources
October 15, 2002
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on July
24, 2002]
_______________________________________________________________________
A BILL
To establish wilderness areas, promote conservation, improve public
land, and provide for high quality development in Clark County, Nevada,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clark County Conservation of Public
Land and Natural Resources Act of 2002''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short Title.
Sec. 2. Table of Contents.
Sec. 3. Definitions.
Sec. 4. Authorization of Appropriations.
TITLE I--RED ROCK CANYON NATIONAL CONSERVATION AREA LAND EXCHANGE AND
BOUNDARY ADJUSTMENT.
Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Findings and purposes.
Sec. 104. Red Rock Canyon land exchange.
Sec. 105. Status and management of lands.
Sec. 106. General provisions.
TITLE II--WILDERNESS AREAS.
Sec. 201. Findings.
Sec. 202. Additions to National Wilderness Preservation System.
Sec. 203. Administration.
Sec. 204. Adjacent management.
Sec. 205. Military overflights.
Sec. 206. Native American cultural and religious uses.
Sec. 207. Release of wilderness study areas.
Sec. 208. Wildlife management.
Sec. 209. Wildfire management.
Sec. 210. Climatological data collection.
Sec. 211. National Park Service lands.
TITLE III--TRANSFERS OF ADMINISTRATIVE JURISDICTION.
Sec. 301. Transfer of administrative jurisdiction to the United States
Fish and Wildlife Service.
Sec. 302. Transfer of administrative jurisdiction to National Park
Service.
TITLE IV--AMENDMENTS TO THE SOUTHERN NEVADA PUBLIC LAND MANAGEMENT ACT
Sec. 401. Disposal and exchange.
TITLE V--IVANPAH CORRIDOR
Sec. 501. Interstate Route 15 south corridor.
Sec. 502. Area of Critical Environmental Concern segregation.
TITLE VI--SLOAN CANYON NATIONAL CONSERVATION AREA
Sec. 601. Short title.
Sec. 602. Purpose.
Sec. 603. Definitions.
Sec. 604. Establishment.
Sec. 605. Management.
Sec. 606. Sale of Federal parcel.
Sec. 607. Right of way.
TITLE VII--PUBLIC INTEREST CONVEYANCES
Sec. 701. Definition of map.
Sec. 702. Conveyance to the University of Nevada at Las Vegas Research
Foundation.
Sec. 703. Conveyance to the Las Vegas Metropolitan Police Department.
Sec. 704. Conveyance to the City of Henderson for the Nevada State
College at Henderson.
Sec. 705. Conveyance to the City of Las Vegas, Nevada.
Sec. 706. Sale of Federal parcel.
Sec. 707. Relocation of right of way corridor in Clark and Lincoln
counties.
TITLE VIII--HUMBOLDT PROJECT CONVEYANCE
Sec. 801. Short title.
Sec. 802. Definitions.
Sec. 803. Authority to convey title.
Sec. 804. Payment.
Sec. 805. Compliance with other laws.
Sec. 806. Revocation of withdrawals.
Sec. 807. Liability.
Sec. 808. National Environmental Policy Act.
Sec. 809. Future benefits.
TITLE IX--MISCELLANEOUS PROVISIONS
Sec. 901. Technical amendments to the Mesquite Lands Act 2001.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agreement.--The term ``Agreement'' means the Agreement
entitled ``Interim Cooperative Management Agreement Between the
United States of the Interior Bureau of Land Management and
Clark County'', dated November 4, 1992.
(2) County.--The term ``County'' means Clark County,
Nevada.
(3) Secretary.--The term ``Secretary'' means--
(A) the Secretary of Agriculture with respect to
land in the National Forest System; or
(B) the Secretary of the Interior, with respect to
other Federal land.
(4) State.--The term ``State'' means the State of Nevada.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There is authorized such sums as may be necessary to carry out this
Act.
TITLE I--RED ROCK CANYON NATIONAL CONSERVATION AREA LAND EXCHANGE AND
BOUNDARY ADJUSTMENT.
SEC. 101. SHORT TITLE.
This title may be cited as the ``Red Rock Canyon National
Conservation Area Protection and Enhancement Act of 2002''.
SEC. 102. DEFINITIONS.
As used in this title:
(1) Corporation.--The term ``Corporation'' means the Howard
Hughes Corporation, an affiliate of the Rouse Company, with its
principal place of business at 10000 West Charleston Boulevard,
Las Vegas, Nevada.
(2) Red rock canyon.--The term ``Red Rock Canyon'' means
the Red Rock Canyon National Conservation Area, consisting of
approximately 195,780 acres of public lands in Clark County,
Nevada, specially designated for protection in the Red Rock
Canyon National Conservation Area Establishment Act of 1990 (16
U.S.C. 460ccc et seq.), as depicted on the Red Rock Canyon Map.
(3) Red rock canyon map.--The term ``Red Rock Canyon Map''
means the map entitled Southern Nevada Public Land Management
Act, dated October 1, 2002.
SEC. 103. FINDINGS AND PURPOSES.
(a) Findings.--The Congress makes the following findings:
(1) Red Rock Canyon is a natural resource of major
significance to the people of Nevada and the United States. It
must be protected in its natural state for the enjoyment of
future generations of Nevadans and Americans, and enhanced
wherever possible.
(2) In 1998, the Congress enacted the Southern Nevada
Public Lands Management Act of 1998 (Public Law 105-263), which
provided among other things for the protection and enhancement
of Red Rock Canyon.
(3) The Corporation owns much of the private land on Red
Rock Canyon's eastern boundary, and is engaged in developing a
large-scale master-planned community.
(4) Included in the Corporation's land holdings are 1,071
acres of high-grounds lands at the eastern edge of Red Rock
Canyon. These lands were intended to be included in Red Rock,
but to date have not been acquired by the United States. The
protection of this high-ground acreage would preserve an
important element of the western Las Vegas Valley viewshed.-
(5) The Corporation has volunteered to forgo development of
the high-ground lands, and proposes that the United States
acquire title to the lands so that they can be preserved in
perpetuity to protect and expand Red Rock Canyon.
(b) Purposes.--The purposes of this title are:
(1) To accomplish an exchange of lands between the United
States and the Corporation that would transfer certain high-
ground lands to the United States in exchange for the transfer
of other lands of approximately equal value to the Corporation.
(2) To protect Red Rock Canyon and to expand its boundaries
as contemplated by the Bureau of Land Management, as depicted
on the Red Rock Canyon Map.
(3) To further fulfill the purposes of the Southern Nevada
Public Lands Management Act of 1998 and the Red Rock Canyon
National Conservation Area Establishment Act of 1990.
SEC. 104. RED ROCK CANYON LAND EXCHANGE.
(a) Acquisition Requirement.--If the Corporation offers to convey
to the United States all right, title, and interest in and to the
approximately 1,082 acres of non-Federal land owned by the Corporation
and depicted on the Red Rock Canyon Map as ``Offered Lands proposed
addition to the Red Rock Canyon NCA'', the Secretary shall accept such
offer on behalf of the United States, and not later than 90 days after
the date of the offer, except as otherwise provided in this title,
shall make the following conveyances:
(1) To the Corporation, the approximately 998 acres of
Federal lands depicted on the Red Rock Canyon Map as ``Public
land selected for exchange''.
(2) To Clark County, Nevada, the approximately 1,221 acres
of Federal lands depicted on the Red Rock Canyon Map as
``Proposed BLM transfer for county park''.
(b) Simultaneous Conveyances.--Title to the private property and
the Federal property to be conveyed pursuant to this section shall be
conveyed at the same time.
(c) Map.--The Secretary shall keep the Red Rock Canyon Map on file
and available for public inspection in the Las Vegas District Office of
the Bureau of Land Management in Nevada, and the State Office of the
Bureau of Land Management, Reno, Nevada.
(d) Conditions.--
(1) Hazardous materials.--As a condition of the conveyance
under subsection (a)(1), the Secretary shall require that the
Corporation be responsible for removal of and remediation
related to any hazardous materials that are present on the
property conveyed to the United States under subsection (a).
(2) Survey.--As a condition of the conveyance under
subsection (a)(1), the Secretary shall require that not later
than 90 days after the date of the offer referred to in
subsection (a), the Corporation shall provide a metes and
bounds survey, that is acceptable to the Corporation, Clark
County, and the Secretary, of the common boundary between the
parcels of land to be conveyed under subsection (a).
(3) Lands conveyed to clark county.--As a condition of the
conveyance under subsection (a)(2), the Secretary shall require
that--
(A) the lands transferred to Clark County by the
United States must be held in perpetuity by the County
for use only as a public park or as part of a public
regional trail system; and
(B) if the County attempts to transfer the lands or
to undertake a use on the lands that is inconsistent
with their preservation and use as described in
subparagraph (A), such lands shall, at the discretion
of the Secretary, revert to the United States.
(e) Valuation.--
(1) Equal value exchange.--The values of the Federal parcel
and the non-Federal parcel, as determined under paragraph (2)--
(A) shall be equal; or
(B) if the values are not equal, shall be equalized
in accordance with paragraph (3).
(2) Appraisal.--The values of the Federal parcel and the
non-Federal parcel shall be determined by an appraisal, to be
approved by the Secretary, that complies with the Uniform
Standards for Federal Land Acquisitions.
(3) Equalization.--
(A) In general.--If the value of the non-Federal
parcel is less than the value of the Federal parcel--
(i) the Corporation shall make a cash
equalization payment to the Secretary; or
(ii) the Secretary shall, as determined to
be appropriate by the Secretary and the
Corporation, reduce the acreage of the Federal
parcel.
(B) Disposition of proceeds.--The Secretary shall
deposit any cash equalization payments received under
subparagraph (A)(i) in accordance with section 4(e)(2)
of the Southern Nevada Public Land Management Act of
1998 (112 Stat. 2345).
SEC. 105. STATUS AND MANAGEMENT OF LANDS.
(a) Inclusion and Management of Lands.--Upon the date of the
enactment of this Act, the Secretary shall administer the lands
depicted on the Red Rock Map as Public Lands-proposed addition to the
Red Rock Canyon NCA, exclusive of those lands used for the Corps of
Engineers R-4 Detention Basin, as part of Red Rock and in accordance
with the Red Rock Canyon National Conservation Area Establishment Act
of 1990 (16 U.S.C. 460ccc et seq.) and all other applicable laws.
(b) Inclusion of Acquired Lands.--Upon acquisition by the United
States of lands under this Act, the Secretary shall--
(1) administer the lands as part of Red Rock and in
accordance with the Red Rock Canyon National Conservation Area
Establishment Act of 1990 (16 U.S.C. 460ccc et seq.), the
Southern Nevada Public Lands Management Act of 1998 (Public Law
105-263), and all other applicable laws; and
(2) create new maps showing the boundaries of Red Rock as
modified or pursuant to this Act, and make such maps available
for review at the Las Vegas District Office of the Bureau of
Land Management and the State Office of the Bureau of Land
Management, Reno, Nevada.
(c) Conforming Amendment.--Section 3(a)(2) of the Red Rock Canyon
National Conservation Area Establishment Act of 1990 (16 U.S.C. 460ccc-
1 (a)(2)) is amended by inserting before the period the following: ``,
and such additional areas as are included in the conservation area
pursuant to the Red Rock Canyon National Conservation Area Protection
and Enhancement Act of 2002''.
SEC. 106. GENERAL PROVISIONS.
(a) Review of Appraisal.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall complete a review of the
appraisal entitled, ``Complete Self-Contained Appraisal Red Rock
Exchange, Las Vegas, Nevada'', completed on or about June 3, 2002. The
difference in appraisal values shall be reimbursed to the Secretary by
the Corporation in accordance with the Southern Nevada Public Lands
Management Act of 1998.
(b) Valid Existing Rights.--The land exchange under this Act shall
be subject to valid existing rights. Each party to which property is
conveyed under this Act shall succeed to the rights and obligations of
the conveying party with respect to any lease, right-of-way, permit, or
other valid existing right to which the property is subject.
(c) Technical Corrections.--Nothing in this Act prohibits the
parties to the conveyances under this Act from agreeing to the
correction of technical errors or omissions in the Red Rock Map.
(d) Withdrawal of Affected Lands.--To the extent not already
accomplished under law or administrative action, the Secretary shall
withdraw from operation of the public land and mining laws, subject to
valid existing rights--
(1) those Federal lands acquired by the United States under
this Act; and
(2) those Federal lands already owned by the United States
on the date of enactment of this Act but included within the
Red Rock National Conservation Area boundaries by this Act.
TITLE II--WILDERNESS AREAS.
SEC. 201. FINDINGS.
The Congress finds that--
(1) public land in the County contains unique and
spectacular natural resources, including--
(A) priceless habitat for numerous species of
plants and wildlife; and
(B) thousands of acres of pristine land that remain
in a natural state;
(2) continued preservation of those areas would benefit the
County and all of the United States by--
(A) ensuring the conservation of ecologically
diverse habitat;
(B) conserving primitive recreational resources;
and
(C) protecting air and water quality.
SEC. 202. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION SYSTEM.
(a) Additions.--The following land in the State is designated as
wilderness and as components of the National Wilderness Preservation
System:
(1) Arrow canyon wilderness.--Certain Federal land managed
by the Bureau of Land Management, comprising approximately
27,503 acres, as generally depicted on the map entitled ``Arrow
Canyon'', dated October 1, 2002, which shall be known as the
``Arrow Canyon Wilderness''.
(2) Black canyon wilderness.--Certain Federal land within
the Lake Mead National Recreation Area and an adjacent portion
of Federal land managed by the Bureau of Land Management,
comprising approximately 17,220 acres, as generally depicted on
the map entitled ``Eldorado/Spirit Mountain'', dated October 1,
2002, which shall be known as the Black Canyon Wilderness .
(3) Bridge canyon wilderness.--Certain Federal land within
the Lake Mead National Recreation Area, comprising
approximately 7,761 acres, as generally depicted on the map
entitled ``Eldorado/Spirit Mountain'', dated October 1, 2002,
which shall be known as ``the Bridge Canyon Wilderness''.
(4) Eldorado wilderness.--Certain Federal land within the
Lake Mead National Recreation Area and an adjacent portion of
Federal land managed by the Bureau of Land Management,
comprising approximately 31,950 acres, as generally depicted on
the map entitled ``Eldorado/Spirit Mountain'', dated October 1,
2002, which shall be known as the ``Eldorado Wilderness''.
(5) Ireteba peaks wilderness.--Certain Federal land within
the Lake Mead National Recreation Area and an adjacent portion
of Federal land managed by the Bureau of Land Management,
comprising approximately 32,745 acres, as generally depicted on
the map entitled ``Eldorado/Spirit Mountain'', dated October 1,
2002, which shall be known as the ``Ireteba Peaks Wilderness''.
(6) Jimbilnan wilderness.--Certain Federal land within the
Lake Mead National Recreation Area, comprising approximately
18,879 acres, as generally depicted on the map entitled ``Muddy
Mountains'', dated October 1, 2002, which shall be known as the
``Jimbilnan Wilderness''.
(7) Jumbo springs wilderness.--Certain Federal land managed
by the Bureau of Land Management, comprising approximately
4,631 acres, as generally depicted on the map entitled ``Gold
Butte'', dated October 1, 2002, which shall be known as the
``Jumbo Springs Wilderness''.
(8) La madre mountain wilderness.--Certain Federal land
within the Toiyabe National Forest and an adjacent portion of
Federal land managed by the Bureau of Land Management,
comprising approximately 47,180 acres, as generally depicted on
the map entitled ``Spring Mountains'', dated October 1, 2002,
which shall be known as the ``La Madre Mountain Wilderness''.
(9) Lime canyon wilderness.--Certain Federal land managed
by the Bureau of Land Management, comprising approximately
23,233 acres, as generally depicted on the map entitled ``Gold
Butte'', dated October 1, 2002, which shall be known as the
``Lime Canyon Wilderness''.
(10) Mt. charleston wilderness additions.--Certain Federal
land within the Toiyabe National Forest and an adjacent portion
of Federal land managed by the Bureau of Land Management,
comprising approximately 13,598 acres, as generally depicted on
the map entitled Spring Mountains, dated October 1, 2002, which
shall be included in the Mt. Charleston Wilderness.
(11) Muddy mountains wilderness.--Certain Federal land
within the Lake Mead National Recreation Area and an adjacent
portion of land managed by the Bureau of Land Management,
comprising approximately 48,019 acres, as generally depicted on
the map entitled Muddy Mountains, dated October 1, 2002, which
shall be known as the Muddy Mountains Wilderness.
(12) Nellis wash wilderness.--Certain Federal land within
the Lake Mead National Recreation Area, comprising
approximately 16,423 acres, as generally depicted on the map
entitled Eldorado/Spirit Mountain, dated October 1, 2002, which
shall be known as the Nellis Wash Wilderness.
(13) North mccullough wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 14,763 acres, as generally depicted on the map
entitled McCulloughs, dated October 1, 2002, which shall be
known as the North McCullough Wilderness.
(14) Pinto valley wilderness.--Certain Federal land within
the Lake Mead National Recreation Area, comprising
approximately 39,173 acres, as generally depicted on the map
entitled Muddy Mountains, dated October 1, 2002, which shall be
known as the Pinto Valley Wilderness.
(15) Rainbow mountain wilderness.--Certain Federal land
within the Toiyabe National Forest and an adjacent portion of
Federal land managed by the Bureau of Land Management,
comprising approximately 24,997 acres, as generally depicted on
the map entitled Spring Mountains, dated October 1, 2002, which
shall be known as the Rainbow Mountain Wilderness.
(16) South mccullough wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 44,245 acres, as generally depicted on the map
entitled McCulloughs, dated October 1, 2002, which shall be
known as the South McCullough Wilderness.
(17) Spirit mountain wilderness.--Certain Federal land
within the Lake Mead National Recreation Area and an adjacent
portion of Federal land managed by the Bureau of Land
Management, comprising approximately 33,518 acres, as generally
depicted on the map entitled Eldorado/Spirit Mountain, dated
October 1, 2002, which shall be known as the Spirit Mountain
Wilderness.
(18) Wee thump joshua tree wilderness.--Certain Federal
land managed by the Bureau of Land Management, comprising
approximately 6,050 acres, as generally depicted on the map
entitled McCulloughs, dated October 1, 2002, which shall be
known as the Wee Thump Joshua Tree Wilderness.
(b) Boundary.--
(1) Lake offset.--The boundary of any portion of a
wilderness area designated by subsection (a) that is bordered
by Lake Mead, Lake Mohave, or the Colorado River shall be 300
feet inland from the high water line.
(2) Road offset.--The boundary of any portion of a
wilderness area designated by subsection (a) that is bordered
by a road shall be at least 100 feet from the edge of the road
to allow public access.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and legal
description of each wilderness area designated by subsection
(a) with the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate.
(2) Effect.--Each map and legal description shall have the
same force and effect as if included in this section, except
that the Secretary may correct clerical and typographical
errors in the map or legal description.
(3) Availability.--Each map and legal description shall be
on file and available for public inspection in the appropriate
offices of the Bureau of Land Management, National Park
Service, or Forest Service, as applicable.
(d) Withdrawal.--Subject to valid existing rights, the wilderness
areas designated in this section are withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
SEC. 203. ADMINISTRATION.
(a) Management.--Subject to valid existing rights, each area
designated as wilderness by this title shall be administered by the
Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), except that--
(1) any reference in that Act to the effective date shall
be considered to be a reference to the date of enactment of
this Act; and
(2) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary of the Interior with respect to lands administered by
the Secretary of the Interior.
(b) Livestock.--Within the wilderness areas designated under this
title that are administered by the Bureau of Land Management, the
grazing of livestock in areas in which grazing is established as of the
date of enactment of this Act shall be allowed to continue, subject to
such reasonable regulations, policies, and practices that the Secretary
considers necessary, consistent with section 4(d)(4) of the Wilderness
Act (16 U.S.C. 1133(d)(4)), including the guidelines set forth in
Appendix A of House Report 101-405.
(c) Incorporation of Acquired Lands and Interests.--Any land or
interest in land within the boundaries of an area designated as
wilderness by this title that is acquired by the United States after
the date of enactment of this Act shall be added to and administered as
part of the wilderness area within which the acquired land or interest
is located.
(d) Water Rights.--
(1) Findings.--Congress finds that--
(A) the lands designated as Wilderness by this Act
are within the Mojave Desert, are arid in nature, and
include ephemeral streams;
(B) the hydrology of the lands designated as
wilderness by this Act is locally characterized by
complex flow patterns and alluvial fans with
impermanent channels;
(C) the subsurface hydrogeology of the region is
characterized by ground water subject to local and
regional flow gradients and artesian aquifers;
(D) the lands designated as wilderness by this Act
are generally not suitable for use or development of
new water resource facilities and there are no actual
or proposed water resource facilities and no
opportunities for diversion, storage, or other uses of
water occurring outside such lands that would adversely
affect the wilderness or other values of such lands;
and
(E) because of the unique nature and hydrology of
these desert lands designated as wilderness by this Act
and the existence of the Clark County Multi-Species
Habitat Conservation Plan it is possible to provide for
proper management and protection of the wilderness,
perennial springs and other values of such lands in
ways different from those utilized in other
legislation.
(2) Statutory construction.--
(A) Nothing in this Act shall constitute or be
construed to constitute either an express or implied
reservation by the United States of any water or water
rights with respect to the lands designated as
Wilderness by this Act.
(B) Nothing in this Act shall affect any water
rights in the State of Nevada existing on the date of
the enactment of this Act, including any water rights
held by the United States.
(C) Nothing in this subsection shall be construed
as establishing a precedent with regard to any future
wilderness designations.
(D) Nothing in this Act shall be construed as
limiting, altering, modifying, or amending any of the
interstate compacts or equitable apportionment decrees
that apportion water among and between the State of
Nevada and other States.
(E) Nothing in this subsection shall be construed
as limiting, altering, modifying, or amending the Clark
County Multi-Species Habitat Conservation Plan (MSHCP)
with respect to the lands designated as Wilderness by
this Act including the MSHCP's specific management
actions for the conservation of perennial springs.
(3) Nevada water law.--The Secretary shall follow the
procedural and substantive requirements of the law of the State
of Nevada in order to obtain and hold any water rights not in
existence on the date of enactment of this Act with respect to
the wilderness areas designated by this Act.
(4) New projects.--
(A) As used in this paragraph, the term water
resource facility means irrigation and pumping
facilities, reservoirs, water conservation works,
aqueducts, canals, ditches, pipelines, wells,
hydropower projects, and transmission and other
ancillary facilities, and other water diversion,
storage, and carriage structures. The term water
resource facility does not include wildlife guzzlers.
(B) Except as otherwise provided in this Act, on
and after the date of the enactment of this Act,
neither the President nor any other officer, employee,
or agent of the United States shall fund, assist,
authorize, or issue a license or permit for the
development of any new water resource facility within
the wilderness areas designated by this Act.
SEC. 204. ADJACENT MANAGEMENT.
(a) In General.--Congress does not intend for the designation of
wilderness in the State pursuant to this title to lead to the creation
of protective perimeters or buffer zones around any such wilderness
area.
(b) Nonwilderness Activities.--The fact that nonwilderness
activities or uses can be seen or heard from areas within a wilderness
designated under this title shall not preclude the conduct of those
activities or uses outside the boundary of the wilderness area.
SEC. 205. MILITARY OVERFLIGHTS.
Nothing in this title restricts or precludes--
(1) low-level overflights of military aircraft over the
areas designated as wilderness by this title, including
military overflights that can be seen or heard within the
wilderness areas;
(2) flight testing and evaluation; or
(3) the designation or creation of new units of special use
airspace, or the establishment of military flight training
routes, over the wilderness areas.
SEC. 206. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.
Nothing in this Act shall be construed to diminish the rights of
any Indian Tribe. Nothing in this Act shall be construed to diminish
tribal rights regarding access to Federal lands for tribal activities,
including spiritual, cultural, and traditional food-gathering
activities.
SEC. 207. RELEASE OF WILDERNESS STUDY AREAS.
(a) Finding.--Congress finds that, for the purposes of section 603
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782),
the public land in the County administered by the Bureau of Land
Management and the Forest Service in the following areas have been
adequately studied for wilderness designation:
(1) The Garrett Buttes Wilderness Study Area.
(2) The Quail Springs Wilderness Study Area.
(3) The Nellis A, B, C Wilderness Study Area.
(4) Any portion of the wilderness study areas--
(A) not designated as wilderness by section 202(a);
and
(B) designated for release on--
(i) the map entitled Muddy Mountains and
dated October 1, 2002;
(ii) the map entitled Spring Mountains and
dated October 1, 2002;
(iii) the map entitled Arrow Canyon and
dated October 1, 2002;
(iv) the map entitled Gold Butte and dated
October 1, 2002;
(v) the map entitled McCullough Mountains
and dated October 1, 2002;
(vi) the map entitled El Dorado/Spirit
Mountain and dated October 1, 2002; or
(vii) the map entitled Southern Nevada
Public Land Management Act and dated October 1,
2002.
(b) Release.--Except as provided in subsection (c), any public land
described in subsection (a) that is not designated as wilderness by
this title--
(1) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(2) shall be managed in accordance with--
(A) land management plans adopted under section 202
of that Act (43 U.S.C. 1712); and
(B) existing cooperative conservation agreements.
(c) Right of Way Grant.--The Secretary shall issue to the State-
regulated sponsor of the Centennial Project the right-of-way for the
construction and maintenance of two 500-kilovolt electrical
transmission lines. The construction shall occur within a 500-foot-wide
corridor that is released from the Sunrise Mountains Instant Study Area
in the County as depicted on the Southern Nevada Public Land Management
Act map, dated October 1, 2002.
SEC. 208. WILDLIFE MANAGEMENT.
(a) In General.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7), nothing in this title affects or
diminishes the jurisdiction of the State with respect to fish and
wildlife management, including the regulation of hunting and fishing,
in the wilderness areas designated by this title.
(b) Management Activities.--In furtherance of the purposes and
principles of the Wilderness Act, management activities to maintain or
restore fish and wildlife populations and the habitats to support such
populations may be carried out within wilderness areas designated by
this title where consistent with relevant wilderness management plans,
in accordance with appropriate policies such as those set forth in
Appendix B of House Report 101-405, including the occasional and
temporary use of motorized vehicles, if such use, as determined by the
Secretary, would promote healthy, viable, and more naturally
distributed wildlife populations that would enhance wilderness values
and accomplish those purposes with the minimum impact necessary to
reasonably accomplish the task.
(c) Existing Activities.--Consistent with section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1133(d)), the State or its designee may
continue to use aircraft (including helicopters) to transport water to
wildlife water developments, including guzzlers, and to survey,
capture, transplant and monitor wildlife populations, including bighorn
sheep, and feral stock, horses, and burros.
(d) Wildlife Water Development Projects.--The Secretary shall,
subject to subsection (f) authorize existing structures and facilities
for wildlife water development projects, including guzzlers, in the
wilderness areas designated by this title if--
(1) the structures and facilities will, as determined by
the Secretary, enhance wilderness values by promoting healthy,
viable and more naturally distributed wildlife populations; and
(2) the visual impacts of the structures and facilities on
the wilderness areas can reasonably be minimized.
(e) Hunting, Fishing, and Trapping.--The Secretary may designate by
regulation areas in consultation with the appropriate State agency
(except in emergencies), in which, and establish periods during which,
for reasons of public safety, administration, or compliance with
applicable laws, no hunting, fishing, or trapping will be permitted in
the wilderness areas designated by this title.
(f) Cooperative Agreement.--No later than one year after the date
of enactment of this Act, the Secretary shall enter into a cooperative
agreement with the State of Nevada. The cooperative agreement shall
specify the terms and conditions under which the State (including a
designee of the State) may utilize wildlife management activities in
the wilderness areas designated by this title.
SEC. 209. WILDFIRE MANAGEMENT.
Consistent with section 4 of the Wilderness Act (16 U.S.C. 1133),
nothing in this title precludes a Federal, State, or local agency from
conducting wildfire management operations (including operations using
aircraft or mechanized equipment) to manage wildfires in the wilderness
areas designated by this title.
SEC. 210. CLIMATOLOGICAL DATA COLLECTION.
Subject to such terms and conditions as the Secretary may
prescribe, nothing in this title precludes the installation and
maintenance of hydrologic, meteorologic, or climatological collection
devices in the wilderness areas designated by this title if the
facilities and access to the facilities are essential to flood warning,
flood control, and water reservoir operation activities.
SEC. 211. NATIONAL PARK SERVICE LANDS.
To the extent any of the provisions of this title are in conflict
with laws, regulations, or management policies applicable to the
National Park Service for Lake Mead National Recreation Area, those
laws, regulations, or policies shall control.
TITLE III--TRANSFERS OF ADMINISTRATIVE JURISDICTION.
SEC. 301. TRANSFER OF ADMINISTRATIVE JURISDICTION TO THE U.S. FISH AND
WILDLIFE SERVICE.
(a) In General.--Administrative jurisdiction over the land
described in subsection (b) is transferred from the Bureau of Land
Management to the United States Fish and Wildlife Service for inclusion
in the Desert National Wildlife Range.
(b) Description of Land.--The parcel of land referred to in
subsection (a) is the approximately 26,433 acres of land administered
by the Bureau of Land Management as generally depicted on the map
entitled Arrow Canyon and dated October 1, 2002.
(c) Wilderness Release.--
(1) Congress finds that the parcel of land described in
subsection (b) has been adequately studied for wilderness
designation for the purposes of section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)).
(2) The parcel of land described in subsection (b)--
(A) shall not be subject to section 603(c) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1782(c)); and
(B) shall be managed in accordance with
(i) the National Wildlife Refuge System
Administration Act, as amended by the National
Wildlife Refuge System Improvement Act of 1997
(16 U.S. C. 668dd-668ee); and
(ii) existing cooperative conservation
agreements.
SEC. 302. TRANSFER OF ADMINISTRATIVE JURISDICTION TO NATIONAL PARK
SERVICE.
(a) In General.--Administrative jurisdiction over the parcel of
land described in subsection (b) is transferred from the Bureau of Land
Management to the National Park Service for inclusion in the Lake Mead
National Recreation Area.
(b) Description of Land.--The parcel of land referred to in
subsection (a) is the approximately 10 acres of Bureau of Land
Management land, as depicted on the map entitled Eldorado/Spirit
Mountain and dated October 1, 2002.
(c) Use of Land.--The parcel of land described in subsection (b)
shall be used by the National Park Service for administrative
facilities.
TITLE IV--AMENDMENTS TO THE SOUTHERN NEVADA PUBLIC LAND MANAGEMENT ACT
SEC. 401. DISPOSAL AND EXCHANGE.
(a) In General.--Section 4 of the Southern Nevada Public Land
Management Act of 1998 (112 Stat. 2344) is amended--
(1) in the first sentence of subsection (a), by striking
``entitled Las Vegas Valley, Nevada, Land Disposal Map'', dated
April 10, 1997 and inserting ``entitled Southern Nevada Public
Land Management Act'', dated October 1, 2002; and
(2) in subsection (e)(3)(A)--
(A) in clause (iv)--
(i) by inserting ``or regional governmental
entity'' after ``local government''; and
(ii) by striking ``and'' at the end;
(B) by redesignating clause (v) as clause (vi); and
(C) by inserting after clause (iv) the following:
``(v) up to 10 percent of amounts
available, to be used for conservation
initiatives on Federal land in Clark County,
Nevada, administered by the Department of the
Interior or the Department of Agriculture;
and''.
(b) Effective Date.--The amendments made by subsection (a) take
effect on January 31, 2003.
(c) Withdrawal.--Subject to valid existing rights, the land
designated for disposal in this section is withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
TITLE V--IVANPAH CORRIDOR
SEC. 501. INTERSTATE ROUTE 15 SOUTH CORRIDOR.
(a) Management of Interstate Route 15 Corridor Land.--
(1) In general.--The Secretary shall manage the land
located along the Interstate Route 15 corridor south of the Las
Vegas Valley to the border between the States of California and
Nevada, generally depicted as Interstate 15 South Corridor on
the map entitled Clark County Conservation of Public Land and
Natural Resources Act of 2002 and dated October 1, 2002, in
accordance with the Southern Nevada Public Land Management Act
of 1998 (112 Stat. 2343) and this section.
(2) Availability of map.--The map described in paragraph
(1) shall be on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
(3) Multiple use management.--Subject to any land
management designations under the 1998 Las Vegas District
Resource Management Plan or the Clark County Multi-Species
Conservation Plan, land depicted on the map described in
paragraph (1) shall be managed for multiple use purposes.
(4) Termination of administrative withdrawal.--The
administrative withdrawal of the land identified as the
Interstate 15 South Corridor on the map entitled Clark County
Conservation of Public Land and Natural Resources Act of 2002
and dated October 1, 2002, from mineral entry dated July 23,
1997, and as amended March 9, 1998, as further amended July 2,
2002, is terminated.
(5) Withdrawal of land.--Subject to valid existing rights,
the corridor described in subsection (b) and the land described
in subsection (c)(1) are withdrawn from location and entry
under the mining laws, and from operation under the mineral
leasing and geothermal leasing laws, until such time as--
(A) the Secretary terminates the withdrawal; or
(B) the corridor or land, respectively, is
patented.
(b) Transportation and Utilities Corridor.--Notwithstanding
sections 202 and 203 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1712, 1713), the Secretary, in consultation with the
City of Henderson and the County, and in accordance with this section
and other applicable laws and subject to valid existing rights, shall
establish a 2,640-foot-wide corridor between the Las Vegas valley and
the proposed Ivanpah Airport for the placement, on a nonexclusive
basis, of utilities and transportation.
(c) Ivanpah Airport Environs Overlay District Land Transfer.--
(1) In general.--Subject to paragraph (2) and valid
existing rights, on request by the County, the Secretary shall
transfer to the County, without consideration, all right,
title, and interest of the United States in and to the land
identified as Ivanpah Airport noise compatibility area on the
map entitled Clark County Conservation of Public Land and
Natural Resources Act of 2002 and dated October 1, 2002.
(2) Conditions for transfer.--As a condition of the
transfer under paragraph (1), the County shall agree--
(A) to manage the transferred land in accordance
with section 47504 of title 49, United States Code
(including regulations promulgated under that section);
and
(B) that if any portion of the transferred land is
sold, leased, or otherwise conveyed or leased by the
County
(i) the sale, lease, or other conveyance
shall be--
(I) subject to a limitation that
requires that any use of the
transferred land be consistent with the
Agreement and section 47504 of title
49, United States Code (including
regulations promulgated under that
section); and
(II) for fair market value; and
(ii) of any gross proceeds received by the
County from the sale, lease, or other
conveyance of the land, the County shall--
(I) contribute 85 percent to the
special account established by section
4(e)(1)(C) of the Southern Nevada
Public Land Management Act of 1998 (112
Stat. 2345);
(II) contribute 5 percent to the
State for use in the general education
program of the State; and
(III) reserve 10 percent for use by
the Clark County Department of Aviation
for airport development and noise
compatibility programs.
(d) Effective Date.--Subsections (b) and (c) shall not take effect
until construction of the Ivanpah Valley Airport is approved in
accordance with Public Law 106-362.
SEC. 502. AREA OF CRITICAL ENVIRONMENTAL CONCERN SEGREGATION.
(a) Temporary Withdrawal.--Subject to valid existing rights, any
Federal land in an Area of Critical Environmental Concern that is
designated for withdrawal under the 1998 Las Vegas Resource Management
Plan, and which is not already withdrawn by the effect of this or any
other Act, is hereby withdrawn from location, entry, and patent under
the mining laws for a period not to exceed five years. The withdrawal
shall lapse at the earlier--
(1) five years; or
(2) when the Secretary issues a final decision on each
proposed withdrawal.
(b) Administrative Withdrawal.--The Secretary shall make final
decisions on each of the temporary withdrawals described in subsection
(a) within five years of the date of enactment of this Act. Such
decisions shall be made consistent with the Federal Land Policy and
Management Act (43 U.S.C. 1714), and in accordance with the 1998 Las
Vegas Resource Management Plan.
(c) Mineral Report.--The mineral reports required by section
204(c)(12) of the Federal Land Policy and Management Act shall be the
responsibility of the U.S. Geological Survey and shall be completed for
each of the temporary withdrawals described in subsection (a) within
four years of the date of enactment of this Act.
TITLE VI--SLOAN CANYON NATIONAL CONSERVATION AREA
SEC. 601. SHORT TITLE.
This title may be cited as the ``Sloan Canyon National Conservation
Area Act''.
SEC. 602. PURPOSE.
The purpose of this title is to establish the Sloan Canyon National
Conservation Area to conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the cultural,
archaeological, natural, wilderness, scientific, geological,
historical, biological, wildlife, educational, and scenic resources of
the Conservation Area.
SEC. 603. DEFINITIONS.
In this title:
(1) Conservation area.--The term ``Conservation Area''
means the Sloan Canyon National Conservation Area established
by section 604(a).
(2) Federal parcel.--The term ``Federal parcel'' means the
parcel of Federal land consisting of approximately 500 acres
that is identified as Tract A on the map entitled Southern
Nevada Public Land Management Act and dated October 1, 2002.
(3) Management plan.--The term ``management plan'' means
the management plan for the Conservation Area developed under
section 605(b).
(4) Map.--The term ``map'' means the map entitled Southern
Nevada Public Land Management Act and dated October 1, 2002.
SEC. 604. ESTABLISHMENT.
(a) In General.--For the purpose described in section 602, there is
established in the State a conservation area to be known as the Sloan
Canyon National Conservation Area.
(b) Area Included.--The Conservation Area shall consist of
approximately 48,438 acres of public land in the County, as generally
depicted on the map.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall submit to Congress a
map and legal description of the Conservation Area.
(2) Effect.--The map and legal description shall have the
same force and effect as if included in this section, except
that the Secretary may correct minor errors in the map or legal
description.
(3) Public availability.--A copy of the map and legal
description shall be on file and available for public
inspection in the appropriate office of the Bureau of Land
Management
SEC. 605. MANAGEMENT.
(a) In General.--The Secretary, acting through the Director of the
Bureau of Land Management, shall manage the Conservation Area--
(1) in a manner that conserves, protects, and enhances the
resources of the Conservation Area; and
(2) in accordance with--
(A) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.); and
(B) other applicable law, including this Act.
(b) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary, in consultation with the
State, the city of Henderson, the County, and any other
interested persons, shall develop a management plan for the
Conservation Area.
(2) Requirements.--The management plan shall--
(A) describe the appropriate uses and management of
the Conservation Area;
(B)(i) authorize the use of motorized vehicles in
the Conservation Area--
(I) for installing, repairing, maintaining,
and reconstructing water development projects,
including guzzlers, that would enhance the
Conservation Area by promoting healthy, viable,
and more naturally distributed wildlife
populations; and
(II) subject to any limitations that are
not more restrictive than the limitations on
such uses authorized in wilderness areas under
section 208; and
(ii) include or provide recommendations on ways of
minimizing the visual impacts of such activities on the
Conservation Area;
(C) include a plan for litter cleanup and public
lands awareness campaign on public lands in and around
the Conservation Area;
(D) include a recommendation on the location for a
right-of-way for rural-roadways or public trails to
provide the city of Henderson with access to the
Conservation Area, in accordance with the application
numbered N-65874.
(c) Uses.--The Secretary shall allow only such uses of the
Conservation Area that the Secretary determines will further the
purpose described in section 602.
(d) Motorized Vehicles.--Except as needed for administrative
purposes or to respond to an emergency, the use of motorized vehicles
in the Conservation Area shall be permitted only on roads and trails
designated for the use of motorized vehicles by the management plan
developed under subsection (b).
(e) Withdrawal.--
(1) In general.--Subject to valid existing rights, all
public land in the Conservation Area is withdrawn from--
(A) all forms of entry and appropriation under the
public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(2) Additional land.--Notwithstanding any other provision
of law, if the Secretary acquires mineral or other interests in
a parcel of land within the Conservation Area after the date of
enactment of this Act, the parcel is withdrawn from operation
of the laws referred to in paragraph (1) on the date of
acquisition of the land.
(f) Hunting, Fishing, and Trapping.--
(1) In general.--Nothing in this title affects the
jurisdiction of the State with respect to fish and wildlife,
including hunting, fishing, and trapping in the Conservation
Area.
(2) Limitations.--
(A) Regulations.--The Secretary may designate by
regulation areas in which, and establish periods during
which, for reasons of public safety, administration, or
compliance with applicable laws, no hunting, fishing,
or trapping will be permitted in the Conservation Area.
(B) Consultation.--Except in emergencies, the
Secretary shall consult with the appropriate State
agency before promulgating regulations under
subparagraph (A) that close a portion of the
Conservation Area to hunting, fishing, or trapping.
(g) No Buffer Zones.--
(1) In general.--The establishment of the Conservation Area
shall not create an express or implied protective perimeter or
buffer zone around the Conservation Area.
(2) Private land.--If the use of, or conduct of an activity
on, private land that shares a boundary with the Conservation
Area is consistent with applicable law, nothing in this title
concerning the establishment of the Conservation Area shall
prohibit or limit the use or conduct of the activity.
SEC. 606. SALE OF FEDERAL PARCEL.
(a) In General.--Notwithstanding sections 202 and 203 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713)
and subject to valid existing rights, not later than 1 year after the
date of enactment of this Act, the Secretary shall convey to the
highest qualified bidder all right, title, and interest of the United
States in and to the Federal parcel.
(b) Disposition of Proceeds.--Of the gross proceeds from the
conveyance of land under subsection (a)--
(1) 5 percent shall be available to the State for use in
the general education program of the State; and
(2) the remainder shall be deposited in the special account
established under the Southern Nevada Public Lands Management
Act of 1998 (Public Law 105-263; 112 Stat. 2345), to be
available to the Secretary, without further appropriation for--
(A) the construction and operation of facilities to
support the management of the Conservation Area;
(B) the construction and repair of trails and roads
in the Conservation Area authorized under the
management plan;
(C) research on and interpretation of the
archaeological and geological resources of the
Conservation Area;
(D) conservation and research relating to the
Conservation Area; and
(E) any other purpose that the Secretary determines
to be consistent with the purpose described in section
602.
SEC. 607. RIGHT OF WAY.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall convey to the City of Henderson the public right-
of-way requested for public trail purposes under the application
numbered N-76312.
TITLE VII--PUBLIC INTEREST CONVEYANCES
SEC. 701. DEFINITION OF MAP.
In this title, the term ``map'' means the map entitled ``Southern
Nevada Public Land Management Act'' and dated October 1, 2002.
SEC. 702. CONVEYANCE TO THE UNIVERSITY OF NEVADA AT LAS VEGAS RESEARCH
FOUNDATION.
(a) Findings and Purposes.--
(1) Findings.--Congress finds that--
(A) the University of Nevada, Las Vegas, needs land
in the greater Las Vegas area to provide for the future
growth of the university;
(B) the proposal by the University of Nevada, Las
Vegas, for construction of a research park and
technology center in the greater Las Vegas area would
enhance the high tech industry and entrepreneurship in
the State; and
(C) the land transferred to the Clark County
Department of Aviation under section 4(g) of the
Southern Nevada Public Land Management Act of 1998 (112
Stat. 2346) is the best location for the research park and technology
center.
(2) Purposes.--The purposes of this section are--
(A) to provide a suitable location for the
construction of a research park and technology center
in the greater Las Vegas area;
(B) to provide the public with opportunities for
education and research in the field of high technology;
and
(C) to provide the State with opportunities for
competition and economic development in the field of
high technology.
(b) Technology Research Center.--
(1) Conveyance.--Notwithstanding section 4(g)(4) of the
Southern Nevada Public Land Management Act of 1998 (112 Stat.
2347), the Clark County Department of Aviation may convey,
without consideration, all right, title, and interest in and to
the parcel of land described in paragraph (3) to the University
of Nevada at Las Vegas Research Foundation (referred to in this
section as ``Foundation'') for the development of a technology
research center.
(2) Condition.--The conveyance under paragraph (1) shall be
subject to the condition that the Foundation enter into an
agreement that if the land described in paragraph (3) is sold,
leased, or otherwise conveyed by the Foundation.
(A) the Foundation shall sell, lease, or otherwise
convey the land for fair market value;
(B) the Foundation shall contribute 85 percent of
the gross proceeds from the sale, lease, or conveyance
of the land to the special account;
(C) with respect to land identified on the map
entitled ``Las Vegas Valley, Nevada, Land Sales Map'',
numbered 7306A, and dated May 1980, the proceeds from
the sale, lease, or conveyance of the land identified
on the map contributed to the special account by the
Foundation under subparagraph (B) shall be used by the
Secretary of Agriculture to acquire environmentally
sensitive land in the Lake Tahoe Basin under section 3
of Public Law 96-586 (94 Stat. 3383);
(D) the Foundation shall contribute 5 percent of
the gross proceeds from the sale, lease, or conveyance
of the land to the State of Nevada for use in the
general education program of the State; and
(E) the remainder of the gross proceeds from the
sale, lease, or conveyance of the land shall be
available for use by the Foundation.
(3) Description of land.--The parcel of land referred to in
paragraph (1) is the parcel of Clark County Department of
Aviation land--
(A) consisting of approximately 115 acres; and
(B) located in the SAW\1/4\ of section 33, T. 21
S., R. 60 E., Mount Diablo Base and Meridian.
SEC. 703. CONVEYANCE TO THE LAS VEGAS METROPOLITAN POLICE DEPARTMENT.
The Secretary shall convey to the Las Vegas Metropolitan Police
Department, without consideration, all right, title, and interest in
and to the parcel of land identified as ``Tract F'' on the map for use
as a shooting range.
SEC. 704. CONVEYANCE TO THE CITY OF HENDERSON FOR THE NEVADA STATE
COLLEGE AT HENDERSON.
(a) Definitions.--In this section:
(1) Chancellor.--The term ``Chancellor'' means the
Chancellor of the University system.
(2) City.--The term ``City'' means the city of Henderson,
Nevada.
(3) College.--The term ``College'' means the Nevada State
College at Henderson.
(4) Survey.--The term ``survey'' means the land survey
required under Federal law to define the official metes and
bounds of the parcel of Federal land identified as Tract H on
the map.
(5) University System.--The term ``University system''
means the University and Community College System of Nevada.
(b) Conveyance.--
(1) In general.--Notwithstanding the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701 et seq.) and section
1(c) of the Act of June 14, 1926 (commonly known as the
``Recreation and Public Purposes Act'' ) (43 U.S.C. 869(c)),
not later than 180 days after the date on which the survey is
approved, the Secretary shall convey to the City, without
consideration, all right, title, and interest of the United
States in and to the parcel of Federal land identified as
``Tract H'' on the map for use as a campus for the College.
(2) Conditions.--
(A) In general.--As a condition of the conveyance
under paragraph (1), the Chancellor and the City shall
agree in writing--
(i) to pay any administrative costs
associated with the conveyance, including the
costs of any environmental, wildlife, cultural,
or historical resources studies;
(ii) to use the Federal land conveyed for
educational and recreational purposes;
(iii) to release and indemnify the United
States from any claims or liabilities which may
arise from uses that are carried out on the
Federal land on or before the date of enactment
of this Act by the United States or any person;
(iv) as soon as practicable after the date
of the conveyance under paragraph (1), to erect
at the College an appropriate and centrally
located monument that acknowledges the
conveyance of the Federal land by the United
States for the purpose of furthering the higher
education of citizens in the State; and
(v) to assist the Bureau of Land Management
in providing information to the students of the
College and the citizens of the State on--
(I) public land in the State; and
(II) the role of the Bureau of Land
Management in managing, preserving, and
protecting the public land.
(B) Valid existing rights.--The conveyance under
paragraph (1) shall be subject to all valid existing
rights.
(3) Use of federal land.--
(A) In general.--The College and the City may use
the land conveyed under paragraph (1) for--
(i) any purpose relating to the
establishment, operation, growth, and
maintenance of the College.
(ii) any uses relating to such purposes,
including residential and commercial
development that would generally be associated
with an institution of higher education.
(B) Other entities.--The College and the City may--
(i) consistent with Federal and State law,
lease or otherwise provide property or space at
the College, with or without consideration, to
religious, public interest, community, or other
groups for services and events that are of
interest to the College, the City, or any
community located in the Las Vegas Valley;
(ii) allow the City or any other community
in the Las Vegas Valley to use facilities of
the College for educational and recreational
programs of the City or community; and
(iii) in conjunction with the City, plan,
finance, (including the provision of cost-share
assistance), construct, and operate facilities
for the City on the Federal land conveyed for
educational or recreational purposes consistent
with this section.
(4) Reversion.--
(A) If the Federal land or any portion of the
Federal land conveyed under paragraph (1) ceases to be
used for the College, the Federal land or any portion
of the Federal land shall, at the discretion of the
Secretary, revert to the United States.
SEC. 705. CONVEYANCE TO THE CITY OF LAS VEGAS, NEVADA.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the city of Las Vegas,
Nevada.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management.
(b) Conveyance.--The Secretary shall convey to the City, without
consideration, all right, title, and interest of the United States in
and to the parcels of land identified as ``Tract C'' and ``Tract D'' on
the map.
(c) Reversion.--If a parcel of land conveyed to the City under
subsection (b) ceases to be used for affordable housing or for a
purpose related to affordable housing, the parcel shall, at the
discretion of the Secretary, revert to the United States.
SEC. 706. SALE OF FEDERAL PARCEL.
(a) In General.--Notwithstanding sections 202 and 203 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713)
and subject to valid existing rights, not later than 240 days after the
date of enactment of this Act, the Secretary shall convey as a single
parcel to the highest qualified bidder all right, title, and interest
of the United States in and to approximately 360 acres that is
identified as the North Half (N\1/2\) of Section 7, Township 23 South,
Range 61 East, M.D.B.&M., Clark County, Nevada and the Northeast
Quarter (NE\1/4\) of the Southeast Quarter (SE\1/4\) of Section 7,
Township 23 South, Range 61 East, M.D.M., Clark County, Nevada, and
shall include such lands within the disposal boundaries as identified
on the map entitled ``Southern Nevada Public Land Management Act'' and
dated June 10, 2002.
(b) Disposition of Proceeds.--Of the gross proceeds from the
conveyance of land under subsection (a) shall be distributed pursuant
to Public Law 105-263.
SEC. 707. RELOCATION OF RIGHT-OF-WAY CORRIDOR IN CLARK AND LINCOLN
COUNTIES.
(a) Relinquishment of United States' Interest.--Subject to
subsection (b), the Secretary of the Interior shall relinquish all
right, title, and interest of the United States in the entire right-of-
way corridor as identified in section 5(b)(1) of Public Law 100-275 and
described in section 14(a) of the Land Exchange Agreement entered into
between Aerojet-General Corporation and the United States made
effective as of July 14, 1988 (hereinafter referred to ``Exchange
Agreement''), together with that sufficient portion of the utility
corridor identified in the Las Vegas Resource Management Plan (1998)
lying southerly of the boundary of the lands described in the Exchange
Agreement and a sufficient portion of said utility corridor identified
in the Caliente Management Framework Plan Amendment (2000) lying
northerly of the boundary of the lands described in the Exchange
Agreement that are necessary and appropriate to relocate such
relinquished interest to a new utility corridor being 1,000 feet in
width, the centerline of said corridor being 1,000 feet westerly of and
parallel to the centerline of United States Highway 93 while
maintaining a gradual and smooth interconnection of the existing
designated corridors with the relocated segment such that the 2
existing rights-of-way within this corridor may be relocated into the
new corridor alignment with minimal engineering design changes.
(b) Determination of Fair Market Value.--The Secretary shall
determine the difference between the fair market value of that portion
of the Aerojet lands encumbered by the corridor and the fair market
value of such lands unencumbered by the corridor, which the difference
shall be the fair market value of such corridor. Upon the Secretary's
receipt of title to lands or interests in lands having a fair market
value equal to the fair market value of the corridor the Secretary
shall concurrently relinquish the corridor in accordance with the
provisions of this section.
(c) Relocation of Grant U-42519.--The Secretary shall, without
consideration from the grant holder, relocate the entire portion of
right-of-way grant U-42519 (also known as grant UTU-60642) lying within
the relinquished portion of the corridor from the existing corridor to
the relocated corridor in such a manner as to minimize engineering
design changes.
(d) Relocation of Grant NVN-49781.--The Secretary shall, without
consideration from the grant holder, relocate the entire portion of
NVN-49781 (which is a portion of IDI-26446 and UTU-73363) lying with
the relinquished portion of the corridor from the existing corridor to
the relocated corridor in such a manner as to minimize engineering
design changes.
(e) Permitted Uses Within Utility Corridor.--The Secretary may
authorize the location of any and all above ground and below ground
utility facilities within the relocated corridor, including, without
limitation, transmission lines, gas pipelines, natural gas pipelines,
fiber optics, telecommunications, water lines, wells (including
monitoring wells), cable television, together with all related
appurtenances.
(f) Waiver of Certain Requirements.--The relocation of the utility
corridor and rights-of-ways under this section shall be subject to the
following:
(1) Shall not require the Secretary to update either the
1998 Las Vegas Valley Resource Management Plan or the Caliente
Management Framework Plan Amendment.
(2) Shall not require the Secretary to undertake any
further environmental assessment work prior to relocation of
the corridor or the rights-of-ways.
(3) The Secretary shall waive the requirements of FLPMA
that would otherwise be applicable to the holders of the
rights-of-way for an amendment to the legal description of the
respective rights-of-ways.
TITLE VIII--HUMBOLDT PROJECT CONVEYANCE
SEC. 801. SHORT TITLE.
This title may be cited as the ``Humboldt Project Conveyance Act''.
SEC. 802. DEFINITIONS.
For purposes of this title:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) State.--The term ``State'' means the State of Nevada.
(3) PCWCD.--The term ``PCWCD'' means the Pershing County
Water Conservation District, a public entity organized under
the laws of the State of Nevada.
(4) Pershing county.--The term ``Pershing County'' means
the Pershing County government, a political subunit of the
State of Nevada.
(5) Lander county.--The term ``Lander County'' means the
Lander County government, a political subunit of the State of
Nevada.
SEC. 803. AUTHORITY TO CONVEY TITLE.
(a) In General.--As soon as practicable after the date of enactment
of this Act and in accordance with all applicable law, the Secretary
shall convey all right, title, and interest in and to the lands and
features of the Humboldt Project, as generally depicted on the map
entitled the ``Humboldt Project Conveyance Act'', and dated July 3,
2002, including all water rights for storage and diversion, to PCWCD,
the State, Pershing County, and Lander County, consistent with the
terms and conditions set forth in the Memorandum of Agreement between
PCWCD and Lander County dated January 24, 2000, the Conceptual
Agreement between PCWCD and the State dated October 18, 2001, the
Letter of Agreement between Pershing County and the State dated April
16, 2002, and any agreements between the Bureau of Reclamation and
PCWCD.
(b) Map.--As soon as practicable after the date of the enactment of
this Act, the Secretary shall submit to Congress a map of the Humboldt
Project Conveyance. In case of a conflict between the map referred to
in subsection (a) and the map submitted by the Secretary, the map
referred to in subsection (b) shall control. The map shall have the
same force and effect as if included in this Act, except that the
Secretary may correct clerical and typographical errors in such map and
legal description. Copies of the map shall be on file and available for
public inspection in the Office of the Commissioner of the Bureau of
Reclamation and in the office of the Area Manager of the Bureau of
Reclamation in Carson City, Nevada.
(c) Compliance With Agreements.--All parties to the conveyance
under subsection (a) shall comply with the terms and conditions of the
agreements cited in subsection (a).
(d) Report.--If the conveyance required by this section has not
been completed within 18 months after the date of enactment of this
Act, the Secretary shall submit a report to the Committee on Resources
of the House of Representatives and the Committee on Energy and Natural
Resources of the Senate that describes--
(1) the status of the conveyance;
(2) any obstacles to completion of the conveyance; and
(3) the anticipated date for completion of the conveyance.
SEC. 804. PAYMENT.
(a) In General.--As consideration for any conveyance required by
section 803, PCWCD shall pay to the United States the net present value
of miscellaneous revenues associated with the lands and facilities to
be conveyed.
(b) Withdrawn Lands.--As consideration for any conveyance of
withdrawn lands required by section 803, the entity receiving title
shall pay the United States (in addition to amounts paid under
subsection (a)) the fair market value for any such lands conveyed that
were withdrawn from the public domain pursuant to the Secretarial
Orders dated March 16, 1934, and April 6, 1956.
(c) Administrative Costs.--Administrative costs for conveyance of
any land or facility under this title shall be paid in equal shares by
the Secretary and the entity receiving title to the land or facility,
except costs identified in subsections (d) and (e).
(d) Real Estate Transfer Costs.--As a condition of any conveyance
of any land or facility required by section 803, costs of all boundary
surveys, title searches, cadastral surveys, appraisals, and other real
estate transactions required for the conveyance shall be paid by the
entity receiving title to the land or facility.
(e) NEPA Costs.--Costs associated with any review required under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
for conveyance of any land or facility under section 803 shall be paid
in equal shares by the Secretary and the entity receiving title to the
land or facility.
(f) State of Nevada.--The State shall not be responsible for any
payments for land or facilities under this section. Any proposal by the
State to reconvey to another entity land conveyed by the Secretary
under this title shall be pursuant to an agreement with the Secretary
providing for fair market value to the United States for the lands, and
for continued management of the lands for recreation, wildlife habitat,
wetlands, or resource conservation.
SEC. 805. COMPLIANCE WITH OTHER LAWS.
Following the conveyance required by section 803, the district, the
State, Pershing County, and Lander County shall, with respect to the
interests conveyed, comply with all requirements of Federal, State, and
local law applicable to non-Federal water distribution systems.
SEC. 806. REVOCATION OF WITHDRAWALS.
Effective on the date of the conveyance required by section 803,
the Secretarial Orders dated March 16, 1934, and April 6, 1956, that
withdrew public lands for the Rye Patch Reservoir and the Humboldt
Sink, are hereby revoked.
SEC. 807. LIABILITY.
Effective on the date of the conveyance required by section 803,
the United States shall not be held liable by any court for damages of
any kind arising out of any act, omission, or occurrence relating to
the Humboldt Project, except for damages caused by acts of negligence
committed by the United States or by its employees or agents prior to
the date of conveyance. Nothing in this section shall be considered to
increase the liability of the United States beyond that currently
provided in chapter 171 of title 28, United States Code, popularly
known as the Federal Tort Claims Act.
SEC. 808. NATIONAL ENVIRONMENTAL POLICY ACT.
Prior to any conveyance under this title, the Secretary shall
complete all actions as may be required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and all other
applicable laws.
SEC. 809. FUTURE BENEFITS.
Upon conveyance of the lands and facilities by the Secretary under
this title, the Humboldt Project shall no longer be a Federal
reclamation project and the district shall not be entitled to receive
any future reclamation benefits with respect to that project, except
those benefits that would be available to other nonreclamation
districts.
TITLE IX--MISCELLANEOUS PROVISIONS
SEC. 901. TECHNICAL AMENDMENTS TO THE MESQUITE LANDS ACT 2001.
Section 3 of Public Law 99-548 (100 Stat. 3061; 110 Stat. 3009-202)
is amended--
(1) in subsection (d), by adding at the end the following:
``(3) Use of proceeds.--The proceeds of the sale of each
parcel completed after the date of enactment of this
subsection--
``(A) shall be deposited in the special account
established under section 4(e)(1)(C) of the Southern
Nevada Public Land Management Act of 1998 (112 Stat.
2345); and shall be available for use by the
Secretary--
``(i) to reimburse costs incurred by the
local offices of the Bureau of Land Management
in arranging the land conveyances directed by
this section;
``(ii) for the development of a
multispecies habitat conservation plan for the
Virgin River in Clark County, Nevada, including
any associated groundwater monitoring plan; and
``(iii) as provided in section 4(e)(3) of
that Act (112 Stat. 2346).
``(4) Timing.--Not later than 90 days after the date of
enactment of this section, the Secretary shall complete the
sale of any parcel authorized to be conveyed pursuant to this
section and for which the Secretary has received notification
from the city under subsection (d)(1).''; and
(2) in subsection (f)(2)(B), by adding at the end the
following:
``(v) sec. 7.''.
Union Calendar No. 470
107th CONGRESS
2d Session
H. R. 5200
[Report No. 107-750]
_______________________________________________________________________
A BILL
To establish wilderness areas, promote conservation, improve public
land, and provide for high quality development in Clark County, Nevada,
and for other purposes.
_______________________________________________________________________
October 15, 2002
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed